S T A T E O F N E W Y O R K
________________________________________________________________________
5918
2011-2012 Regular Sessions
I N A S S E M B L Y
March 2, 2011
___________
Introduced by M. of A. KAVANAGH, STEVENSON -- read once and referred to
the Committee on Ways and Means
AN ACT to amend the state finance law, in relation to changing the state
fiscal year from the first of April to the first of June and requiring
revisions of the consensus forecast of the economy, estimates of
receipts for the current and the ensuing state fiscal year and the
joint report of the director of the budget and the secretary of the
senate finance committee and the secretary of the assembly ways and
means committee, and directing the state comptroller to provide esti-
mates for receipts for the current and ensuing state fiscal year; and
to amend the education law, in relation to the timing and notice of
annual elections in school districts and the submission of a property
tax report card and the calculation of the fiscal year for certain
school districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of the state finance law, as added by chapter 1
of the laws of 1943 and as separately renumbered by chapters 405 and 957
of the laws of 1981, is amended to read as follows:
S 3. Fiscal year. 1. The current fiscal year of the state which
commenced with the first day of [July, nineteen hundred forty-two]
APRIL, TWO THOUSAND TWELVE, is hereby [abridged] EXTENDED and shall end
with the thirty-first day of [March, nineteen hundred forty-three] MAY,
TWO THOUSAND THIRTEEN. For all purposes of determining annual incre-
ments of state employees pursuant to the education law, the civil
service law or other state law, and for all purposes whenever by law
some act is to be performed or time is to be measured by the fiscal year
of the state, the current fiscal year, as so [abridged] EXTENDED, shall
be deemed to be a full year unless the context clearly requires a
contrary construction.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00852-01-1
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On and after the first day of [April, nineteen hundred forty-three]
JUNE, TWO THOUSAND THIRTEEN, the fiscal year of the state, for the
purpose of budget, appropriations, receipts and disbursements of state
moneys and all other state affairs which are regulated in accordance
with or based on fiscal years, including the fiscal affairs of all state
departments, commissions, boards, agencies, offices and institutions,
shall begin with the first day of [April] JUNE and end with the next
following thirty-first day of [March] MAY.
2. All books and accounts in the offices of the comptroller and the
department of taxation and finance shall be kept by fiscal years. All
annual accounts required to be rendered to the comptroller or to such
department by any person shall be closed on the thirty-first day of
[March] MAY in each year, and be rendered as soon thereafter as practi-
cable, if no time is specially prescribed by law.
3. Where any statute provides, in terms or effect, that any inventory
or account, or a report relating in whole or in part to receipts and
disbursements of money, be made to the legislature or any state officer
annually, or for a year, by a department, commission, board, or officer
under the state government, such inventory or account, and such report
so far as it relates to such receipts and disbursements, shall be for
the preceding fiscal year, unless the calendar year be expressly
mentioned.
4. Existing provisions of other laws describing or referring to a
fiscal year of the state as beginning [July] APRIL first and ending
[June thirtieth] MARCH THIRTY-FIRST, or making any requirement with
respect to such fiscal year, or referring to any year so beginning and
ending which applies to inventories or accounts in state matters, or to
reports relating to state money or property, shall be deemed modified by
and be construed in connection with this section, and be deemed to refer
to a fiscal or to another year or period beginning and ending as [here-
in] prescribed IN THIS SECTION for a fiscal year.
S 2. Subdivision 6 of section 23 of the state finance law, as amended
by chapter 1 of the laws of 2007, is amended to read as follows:
6. Consensus economic and revenue forecasting conference; report. (a)
(1) By the end of February in each year, prior to the report required by
paragraph (b) of this subdivision, the chairperson and ranking minority
member of the senate finance committee, the chairperson and ranking
minority member of the assembly ways and means committee and the direc-
tor of the budget shall jointly convene a consensus economic and revenue
forecasting conference in the form of a joint legislative-executive
hearing, for the purpose of assisting the governor and the legislature
in reaching the consensus revenue forecast required by paragraph (b) of
this subdivision. The conveners of the conference shall invite the state
comptroller and such other participants to the conference as shall, in
their judgment, provide guidance on the current conditions in, and prob-
able outlook for the performance of, the economy of the state, as well
as the effect of such conditions and such performance on state receipts.
(2) ON OR AFTER APRIL FIFTEENTH, THE CHAIRPERSON AND RANKING MINORITY
MEMBER OF THE SENATE FINANCE COMMITTEE, THE CHAIRPERSON AND RANKING
MINORITY MEMBER OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE DIREC-
TOR OF THE BUDGET SHALL JOINTLY RECONVENE TO REVISE THE CONSENSUS FORE-
CAST OF THE ECONOMY AND ESTIMATES OF RECEIPTS FOR THE CURRENT AND THE
ENSUING STATE FISCAL YEAR. THE REVISED CONSENSUS FORECAST OF THE ECONOMY
AND ESTIMATES OF RECEIPTS SHALL INCORPORATE THE MOST CURRENT TAX REVENUE
AND ANY OTHER PERTINENT FISCAL INFORMATION.
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(b) (1) On or before March first in each year, the director of the
budget and the secretary of the senate finance committee and the secre-
tary of the assembly ways and means committee shall issue a joint report
containing a consensus forecast of the economy and estimates of receipts
for the current and the ensuing state fiscal year. Such estimates of
receipts shall include, but not be limited to: expected tax receipts on
an all-funds basis, projected lottery receipts, and anticipated miscel-
laneous receipts to be received in the general fund. The estimate of
receipts for the ensuing fiscal year contained in the report, shall be
all receipts from such sources described in this subdivision available
to make disbursements authorized by the appropriation bills submitted by
the governor pursuant to section three of article seven of the constitu-
tion for the ensuing fiscal year.
(2) ON OR BEFORE MAY FIRST IN EACH YEAR, THE DIRECTOR OF THE BUDGET
AND THE SECRETARY OF THE SENATE FINANCE COMMITTEE AND THE SECRETARY OF
THE ASSEMBLY WAYS AND MEANS COMMITTEE SHALL ISSUE A REVISED VERSION OF
THE JOINT REPORT THAT WAS INITIALLY DUE BY MARCH FIRST AND THAT CONTAINS
A CONSENSUS FORECAST OF THE ECONOMY AND ESTIMATES OF RECEIPTS.
(c) (1) On a failure of the director of the budget, the secretary of
the senate finance committee and the secretary of the assembly ways and
means committee to issue a joint report containing a consensus forecast
as provided in paragraph (b) of this subdivision, the state comptroller
shall, on or before March fifth, provide estimates of receipts for the
current and the ensuing state fiscal year. Such estimates shall include,
but not be limited to, expected tax receipts on an all-funds basis,
projected lottery receipts, and miscellaneous receipts to be received in
the general fund. In rendering his or her estimate, as required in this
paragraph, the comptroller shall give due consideration to the inherent
risks in economic and revenue forecasting and the interest of the state
to maintain budget balance throughout the fiscal year. The estimate of
receipts for the ensuing fiscal year provided by the state comptroller,
shall be all receipts from such sources available to make disbursements
authorized by the appropriation bills submitted by the governor pursuant
to section three of article seven of the constitution for the ensuing
fiscal year.
(2) ON A FAILURE OF THE DIRECTOR OF THE BUDGET AND THE SECRETARY OF
THE SENATE FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS AND
MEANS COMMITTEE TO ISSUE A JOINT REPORT REVISING THE MARCH FIRST CONSEN-
SUS FORECAST THE STATE COMPTROLLER SHALL, ON OR BEFORE MAY FIFTH,
PROVIDE ESTIMATES FOR RECEIPTS FOR THE CURRENT AND ENSUING STATE FISCAL
YEAR. SUCH ESTIMATES SHALL INCORPORATE THE MOST CURRENT TAX REVENUE AND
ANY OTHER PERTINENT FISCAL INFORMATION.
S 3. Subdivision 1 of section 2022 of the education law, as amended by
section 8 of part C of chapter 58 of the laws of 1998, is amended to
read as follows:
1. Notwithstanding any law, rule or regulation to the contrary, PRIOR
TO TWO THOUSAND THIRTEEN, the election of trustees or members of the
board of education, and the vote upon the appropriation of the necessary
funds to meet the estimated expenditures, in any common school district,
union free school district, central school district or central high
school district shall be held at the annual meeting and election on the
third Tuesday in May, provided, however, that such election shall be
held on the second Tuesday in May if the commissioner at the request of
a local school board certifies no later than March first that such
election would conflict with religious observances. COMMENCING IN TWO
THOUSAND THIRTEEN, THE ELECTION OF TRUSTEES OR MEMBERS OF THE BOARD OF
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EDUCATION, AND THE VOTE UPON THE APPROPRIATION OF THE NECESSARY FUNDS TO
MEET THE ESTIMATED EXPENDITURES, IN ANY COMMON SCHOOL DISTRICT, UNION
FREE SCHOOL DISTRICT, CENTRAL SCHOOL DISTRICT OR CENTRAL HIGH SCHOOL
DISTRICT SHALL BE HELD AT THE ANNUAL MEETING AND ELECTION ON THE FOURTH
TUESDAY IN JUNE. When such election or vote is taken by recording the
ayes and noes of the qualified voters attending, a majority of the qual-
ified voters present and voting, by a hand or voice vote, may determine
to take up the question of voting the necessary funds to meet the esti-
mated expenditures for a specific item separately, and the qualified
voters present and voting may increase the amount of any estimated
expenditures or reduce the same, except for teachers' salaries, and the
ordinary contingent expenses of the schools. The sole trustee, board of
trustees or board of education of every common, union free, central or
central high school district and every city school district to which
this article applies shall hold a budget hearing not less than seven nor
more than fourteen days prior to the annual meeting and election or
special district meeting at which a school budget vote will occur, and
shall prepare and present to the voters at such budget hearing a
proposed school district budget for the ensuing school year.
S 4. Subdivision 2 of section 2601-a of the education law, as amended
by section 6 of part M of chapter 57 of the laws of 2005, is amended to
read as follows:
2. The board of education shall conduct all annual and special school
district meetings for the purpose of adopting a school district budget
in the same manner as a union free school district in accordance with
the provisions of article forty-one of this title, except as otherwise
provided by this section. [The] PRIOR TO TWO THOUSAND THIRTEEN, THE
annual meeting and election of each such city school district shall be
held on the third Tuesday of May in each year, provided, however that
such annual meeting and election shall be held on the second Tuesday in
May if the commissioner at the request of a local school board certifies
no later than March first that such election would conflict with reli-
gious observances, and any school budget revote shall be held on the
date and in the same manner specified in subdivision three of section
two thousand seven of this title. PRIOR TO TWO THOUSAND THIRTEEN, THE
ANNUAL MEETING AND ELECTION OF EACH SUCH CITY SCHOOL DISTRICT SHALL BE
HELD ON THE THIRD TUESDAY OF MAY IN EACH YEAR, PROVIDED, HOWEVER THAT
SUCH ANNUAL MEETING AND ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN
MAY IF THE COMMISSIONER AT THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES
NO LATER THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELI-
GIOUS OBSERVANCES, AND ANY SCHOOL BUDGET REVOTE SHALL BE HELD ON THE
DATE AND IN THE SAME MANNER SPECIFIED IN SUBDIVISION THREE OF SECTION
TWO THOUSAND SEVEN OF THIS TITLE. The provisions of this article, and
where applicable subdivisions nine and nine-a of section twenty-five
hundred two of this title, governing the qualification and registration
of voters, and procedures for the nomination and election of members of
the board of education shall continue to apply, and shall govern the
qualification and registration of voters and voting procedures with
respect to the adoption of a school district budget.
S 5. Subdivision 1 of section 2003 of the education law, as amended by
chapter 64 of the laws of 1993, is amended to read as follows:
1. The district clerk of each common school district shall give notice
of the availability of the statement of expenditures pursuant to the
provisions of section sixteen hundred eight of this chapter and shall
also give notice of the time and place of the annual meeting by publish-
ing a notice [four] TWO times within the [seven] THREE weeks next
A. 5918 5
preceding such annual meeting, the first publication to be at least
[forty-five] EIGHTEEN days before said meeting, in two newspapers if
there shall be two, or in one newspaper if there shall be but one,
having general circulation within such district. But if no newspaper
shall then have general circulation therein, the said notice shall be
posted in at least twenty of the most public places in said district
forty-five days before the time of such meeting. THE CLERK OF EACH
COMMON SCHOOL DISTRICT SHALL POST PREDOMINATELY ON THE SCHOOL DISTRICT'S
OFFICIAL WEBSITE THE NOTICE OF THE AVAILABILITY OF THE STATEMENT OF
EXPENDITURES PURSUANT TO THE PROVISIONS OF SECTION SIXTEEN HUNDRED EIGHT
OF THIS CHAPTER, AND SHALL ALSO POST PREDOMINATELY ON THE SCHOOL
DISTRICT'S OFFICIAL WEBSITE THE TIME AND PLACE OF THE ANNUAL MEETING
THROUGHOUT THE THREE WEEKS NEXT PRECEDING SUCH DISTRICT MEETING, THE
FIRST PUBLICATION TO BE AT LEAST EIGHTEEN DAYS BEFORE SAID MEETING.
S 6. Subdivision 1 of section 2004 of the education law, as amended by
chapter 68 of the laws of 1994, is amended to read as follows:
1. The clerk of each union free school district shall give notice of
the availability of the statement of expenditures pursuant to the
provisions of section seventeen hundred sixteen of this chapter and
shall also give notice of the time and place of the annual meeting and
the notice required by section seventeen hundred sixteen of this chapter
by publishing a notice [four] TWO times within the [seven] THREE weeks
next preceding such district meeting, the first publication to be at
least [forty-five] EIGHTEEN days before said meeting, in two newspapers
if there shall be two, or in one newspaper if there shall be but one,
having general circulation within such district. But if no newspaper
shall then have general circulation therein, the said notice shall be
posted in at least twenty of the most public places in said district
forty-five days before the time of such meeting. THE CLERK OF EACH
UNION FREE SCHOOL DISTRICT SHALL POST PREDOMINATELY ON THE SCHOOL
DISTRICT'S OFFICIAL WEBSITE THE NOTICE OF THE AVAILABILITY OF THE STATE-
MENT OF EXPENDITURES PURSUANT TO THE PROVISIONS OF SECTION SEVENTEEN
HUNDRED SIXTEEN OF THIS CHAPTER AND SHALL ALSO POST PREDOMINATELY ON THE
SCHOOL DISTRICT'S OFFICIAL WEBSITE THE TIME AND PLACE OF THE ANNUAL
MEETING THROUGHOUT THE THREE WEEKS NEXT PRECEDING SUCH DISTRICT MEETING,
THE FIRST PUBLICATION TO BE AT LEAST EIGHTEEN DAYS BEFORE SAID MEETING.
S 7. Paragraph b of subdivision 7 of section 1608 of the education
law, as amended by section 4 of part H of chapter 83 of the laws of
2002, is amended to read as follows:
b. A copy of the property tax report card prepared for the annual
district meeting shall be submitted to the department in the manner
prescribed by the department by the end of the business day next follow-
ing approval of the report card by the trustee or board of trustees, but
no later than [twenty-four] EIGHTEEN days prior to the statewide uniform
voting day. The department shall compile such data for all school
districts whose budgets are subject to a vote of the qualified voters
and shall make such compilation available electronically at least ten
days prior to the statewide uniform voting day.
S 8. Section 2515 of the education law, as added by chapter 171 of the
laws of 1996, is amended to read as follows:
S 2515. Fiscal year. The fiscal year for city school districts of
cities with less than one hundred twenty-five thousand inhabitants shall
be the period commencing with [July] AUGUST first and ending with [June
thirtieth] JULY THIRTY-FIRST next following.
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S 9. Subdivision 3 of section 2006 of the education law, as added by
section 4 of part M of chapter 57 of the laws of 2005, is amended to
read as follows:
3. Whenever the voters shall have defeated the budget of the school
district at the annual meeting and election, the trustees may call a
special district meeting for a school budget revote to be held on the
[third] FOURTH Tuesday of [June] JULY, provided, however that such budg-
et revote shall be held on the [second] THIRD Tuesday in [June] JULY if
the commissioner at the request of a local school board certifies no
later than March first that such vote would conflict with religious
observances. The trustees shall give the notices required by subdivision
one of section two thousand three of this part and this section by
publishing such notices once in each week within the two weeks next
preceding such special meeting, the first publication to be at least
fourteen days before such meeting, with any required posting to be four-
teen days before the time of such meeting.
S 10. Paragraph b of subdivision 3 of section 2007 of the education
law, as amended by section 5 of part M of chapter 57 of the laws of
2005, is amended to read as follows:
b. A school budget revote called pursuant to paragraph a of this
subdivision shall be held on the [third] FOURTH Tuesday of [June] JULY,
provided, however that such budget revote shall be held on the [second]
THIRD Tuesday in [June] JULY if the commissioner at the request of a
local school board certifies no later than March first that such vote
would conflict with religious observances.
S 11. This act shall take effect January 1, 2013.